870 resultados para Regional International Criminal Courts
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Summary. The EU’s attempts to adopt an EU-wide instrument on the right to access to legal aid in criminal proceedings have not been successful so far. The important issue was originally part of Measure C of the Roadmap for criminal procedural rights,1 but due to political difficulties legal aid was dropped from the agenda. However, on a different plane agreement was reached on this topic as the United Nations General Assembly (UNGA) has adopted the world’s first international instrument dedicated to access to legal aid in December 2012.2 This policy brief argues that the EU should carry on in the ‘spirit’ of these recent developments and adopt a directive providing suspects and defendants with access to legal aid. 1 Council Resolution of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, OJ C 295/1, 4 December 2009; hereafter will be referred to this Council Resolution as the ‘Roadmap’; for further information see M. Jimeno-Bulnes, ‘The EU Roadmap for Strengthening Procedural Rights of Suspected or Accused Persons in Criminal Proceedings’, 4 EUCrim (2009), 157-161. 2 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, A/Res/67/187, 20 December 2012; from here on will be referred to this as the ‘Resolution’.
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Questions regarding oil spills remain high on the political agenda. Legal scholars, legislators as well as the international, European and national Courts struggle to determine key issues, such as who is to be held liable for oil spills, under which conditions and for which damage. The international regime on oil spills was meant to establish an “equilibrium” between the needs of the victims (being compensated for their harm) and the needs of the economic actors (being able to continue their activities). There is, however, a constantly increasing array of legal scholars’ work that criticizes the regime. Indeed, the victims of a recent oil spill, the Erika, have tried to escape the international regime on oil spills and to rely instead on the provisions of national criminal law or EC waste legislation. In parallel, the EC legislator has questioned the sufficiency of the international regime, as it has started preparing legislative acts of its own. One can in fact wonder whether challenging the international liability regime with the European Convention on Human Rights could prove to be a way forward, both for the EC regulators as well as the victims of oil spills. This paper claims that the right to property, as enshrined in Article P1-1 of the Human Rights Convention, could be used to challenge the limited environmental liability provisions of the international frameworks.
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The use of export restrictions has become more and more common in recent years, evidencing the substantial loopholes existing in the WTO regulation on the matter. As a result of this deficient legal framework, the WTO membership experiences important losses of welfare and increasing political tensions. The multilateral negotiations for an updated discipline on export restrictions, in the context of the Doha Development Round, are blocked. Consequently, members have established a set of preferential bilateral and multilateral agreements to relieve the negative effects of these measures. Likewise, some recent WTO members have committed to stricter regulations as part of their Accession Protocols. Nevertheless, these methods have evidenced some important flaws, and the multilateral scene remains the optimum forum to address export restrictions. This Working Paper proposes a number of measures to improve the legal framework of the quantitative export restrictions and export duties, as well as their notification procedures.
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Since the end of the 1980s, international relations has experienced a resurgence of regionalism in Europe (Single Market, Maastricht) and the Americas (NAFTA, MERCOSUR). Why did regional economic cooperation gain mo mentum? Theoretical approaches have proved the relevance of institutions, intergovernmental bargains, and na tional interest formation for the emergence of cooperation, but fall short in explaining why new cooperative moves happened in the late 1980s and early 1990s and not earlier. This paper argues that the simultaneous convergence of interests favoring regional organization of states was stimulated by transnational globalization. Since the early 1980s, states had to adapt to the pressures from transnational globalization, from actors and systems which are not shaped by national territories and interests, and which undermined traditional national economic policy and domestic coalitions. Under the new circumstances, joint regional governance on specific policy areas became an attractive option to respond to new constraints. With the conceptualization of transnational globalization as an explanatory factor for regional cooperation this paper does not dismiss other approaches, but rather attempts to complement the research agenda by shedding light on a crucial-but often neglected-aspect of international relations.
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Beneath the relations among states, and distinct from the exchanges of an autonomous regional or global civil society, there is another set of international practices which is neither public nor private but parapublic. The Franco-German parapublic underpinnings consist of publicly funded youth and educational exchanges, some two thousand city and regional partnerships, a host of institutes and associations concerned with Franco-German matters, and various other parapublic elements. This institutional reality provides resources, socializes the participants of its programs, and generates social meaning. Simultaneously, parapublic activity faces severe limits. In this paper I clarify the concept of “parapublic underpinnings” of international relations and flesh out their characteristics for the relationship between France and Germany. I then evaluate the effects and limits of this type of activity, and relate this paper’s findings and arguments to recent research on transnationalism, Europeanization, and denationalization.
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Key Points. The implementation of regional energy policy cooperation initiatives is a priority of both the Energy Union and the so-called 2030 Energy and Climate Framework. The Energy Union proposal has singled out south east Europe as one area in which to act. This report identifies the seven key elements that need to be addressed to bring existing and planned regional energy policy cooperation initiatives in south east Europe to life: i) a sound geographical definition, ii) a governance structure, iii) voluntary participation, iv) exchange of information and best practice, v) the development of an external dimension, vi) regional infrastructure planning and development and vii) streamlining the financing instruments across the region. The study finds that significant progress has been made in many areas, and makes concrete proposals to unlock the full potential of coordination in those areas where there is limited progress. These proposals have been tested in discussions in the region.
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The Eurasian Economic Union (EEU) started work on 1 January 2015. Considered as Russia’s response to the EU’s Eastern Partnership (EaP), it has been almost ignored in Brussels. However, with the Ukraine crisis and the deteriorating relations with Moscow, some European leaders have begun to reconsider Putin’s proposal for a region-to-region engagement. This paper tries to analyse under which conditions this could represent a long-term solution for a new European order. First, it is argued that the EEU is still far from being a credible international interlocutor. Second, Russia’s commitment to international trade rules and liberalization is questioned, whereas its geopolitical objectives seem predominant. EU engagement with the EEU in Ukraine would mean, in the short term, legitimizing Russia’s vision of a ‘bipolar Europe’ divided in spheres of influence. In the long run, prospects for inter-regional cooperation remain open, but the way to go is long and full of obstacles.
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The paper offers an analysis of the degree to which two different external policy frameworks of the European Union (EU) have institutionalised and operationalised the EU’s commitment to women’s rights and gender equality. It compares the EU’s relations with the African Caribbean and Pacific (ACP) countries with the Euro-Mediterranean Partnership (EMP), using Senegal and Morocco as case studies. Although the comparison shows some resemblances between the two cases, as a whole women’s rights seem more deeply embedded in the institutional framework of EU-ACP relations than that of Euro-Mediterranean relations, and this together with the EU’s approach towards implementation has enabled its women’s rights policy to be slightly more influential on the ground in Senegal than in Morocco. However, both EU-ACP and EMP frameworks have their limits, reflecting the more general problem of inconsistency between the EU’s declaratory objectives and its actual promotion of human rights.
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The Council of Mutual Economic Assistance is the least known of all the regional organizations. This is attributable partly to the fact that it was largely dormant from its inception in 1949 until the late 1950s and partly to the scattered and fragmentary nature of information on its activities. The present article is an attempt to bring available knowledge into focus for a coherent pioture of the organization that "will probably play an increasing role in the economic development of East Central Europe." COMECON is of interest not only because of its importance as one of the regional bodies shaping a network of relations among European countries. Its interest lies also in the light it throws on the particular problems faced by centrally planned economies when they try to integrate and in its demonstration that international organizations have a life of their own.
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Regional Energy Policy Cooperation has now gained political traction in the EU as a tool to advance the EU’s energy objectives. Cooperation and coordination is meant to facilitate the convergence of markets and policies, so while the creation of one EU Internal Energy Market remains the goal, regional cooperation is the tool with which to achieve that goal. Cooperation could become the stepping-stone towards the completion of the Internal Energy Market within the European 2030 climate and energy framework and beyond.
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An increasing number of bilateral or plurilateral trade agreements (or regional trade agreements: RTAs) include "labor clauses" that require or urge the signatory countries to commit to maintaining a certain level of labor standards. This paper performs an empirical analysis of the impacts of such labor clauses provided in RTAs on working conditions that laborers in the RTA signatory countries actually face, using macro-level data for a wide variety of countries. The paper first examines the texts of labor provisions in more than 220 effective RTAs and (re-)classifies "RTAs with labor clauses" according to two criteria: (i) the agreement urges or expects the signatory countries to harmonize their domestic labor standards with internationally recognized standards, and (ii) the agreement stipulates the procedures for consultations and/or dispute settlement on labor-condition issues between the signatory countries. Based on this labor-clause RTA classification, the paper estimates the impacts of RTA labor clauses on working conditions in countries with two empirical specifications using the sample covering 136 countries or economies and years from 1995 through 2011. The estimation is extended to takes into account possible lags in the labor-condition effects of labor clauses as well as to consider potential difference in the impacts for countries in different income levels. The empirical results for the four measures of labor conditions (mean monthly real earnings, mean weekly work hours per employee, fatal occupational injury rate, and the number of the ILO's Core Conventions ratified) find no evidence for possible pro-labor-condition effects of RTA labor clauses overall, which should be consistent with the view of economics literature that questions the relevance of linking trade policy with issues in the domestic labor standards.
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To understand why some international institutions have stronger dispute settlement mechanisms (DSMs) than others, we investigate the dispute settlement provisions of nearly 600 preferential trade agreements (PTAs), which possess several desirable case-selection features and are evoked more than is realized. We broaden the study of dispute settlement design beyond “legalization” and instead reorient theorizing around a multi-faceted conceptualization of the strength of DSMs. We posit that strong DSMs are first and foremost a rational response to features of agreements that require stronger dispute settlement, such as depth and large memberships. Multivariate empirical tests using a new data set on PTA design confirm these expectations and reveal that depth – the amount of policy change specified in an agreement – is the most powerful and consistent predictor of DSM strength, providing empirical support to a long-posited but controversial conjecture. Yet power also plays a sizeable role, since agreements among asymmetric members are more likely to have strong DSMs due to their mutual appeal, as are those involving the United States. Important regional differences also emerge, as PTAs across the Americas are designed with strong dispute settlement, as are Asian PTAs, which contradicts the conventional wisdom about Asian values and legalization. Our findings demonstrate that rationalism explains much of international institutional design, yet it can be enhanced by also incorporating power-based and regional explanations.
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"B-221422"--P. [1].
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Item 546-D (microfiche)
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[Player introductions, DePaul game]
